Talmud Bavli
Talmud Bavli

Responsa for Bava Metzia 160:6

הלוהו על המשכון שומר שכר ר' יהודה אומר הלוהו מעות שומר חנם הלוהו פירות שומר שכר אבא שאול אומר רשאי אדם להשכיר משכונו של עני להיות פוסק והולך עליו מפני שהוא כמשיב אבידה

for a canoe;<span class="x" onmousemove="('comment',' A small boat. ');"><sup>6</sup></span>

Teshuvot Maharam

Q. A claims that B released his (A's) debtor and sureties without his knowledge or permission. B avers that A had instructed him to release them.
A. If witnesses testify that the debtor owed money to A at the time B released him, B must reimburse A with the amount the debt was worth before the debtor and the sureties were released by B. If there are no witnesses to determine the value of the debt, B must state under oath the extent of the damage he has caused to A, and must compensate him for this damage. But, if A can produce no witnesses to testify that the debtor owed him money, B is free from obligation. We must be satisfied with B's explanation of his act, since he could have denied his act altogether, and since A might have instructed B to release his debtor for the simple reason that the debtor had repaid his debt.
This Responsum is addressed to Rabbi Yedidyah.
SOURCES: Cr. 13; Mord. B. K. 96; Tesh. Maim, to Nezikin, 12. Cf. Agudah B. K. 110; Moses Minz, Responsa 44; ibid. 74a.
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Teshuvot Maharam

Q. A borrowed a book from B for one hour with the understanding that after the hour B would send for it, and if not, he should bring the book back to B. A few hours later a fire broke out in A's house, as a result of which, A was compelled to flee for his life, as the Gentiles were accustomed to throw into the fire Jews in whose houses a fire broke out. A could not, therefore, save B's book.
A. After the period, for which A borrowed the book, had passed, A's responsibility for the book became that of a hired watchman. Therefore, if, before he fled, A could have hired somebody to save the book, and did not do so, he was liable for its loss. But if this was impossible, he was free from obligation.
SOURCES: Pr. 140; Mord. B. M. 376; Agudah B. M. 152.
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Teshuvot Maharam

Q. A lent money to B receiving a pledge as security thereof. He stipulated at the time that he be not held responsible for the pledge in case of loss. Is A responsible if the pledge was lost through his wilful neglect?
A. A is not responsible. Although a creditor is in the category of a paid watchman regarding the pledges he receives as security, he is not even in the category of an unpaid watchman, if he renounces his responsibility thereto; and he is not responsible even though the security be lost through his wilful neglect.
SOURCES: Pr. 229; Mord. B. M. 361; Tesh. Maim. to Mishpatim, 11; Agudah B. M. 127.
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